||The United States Struggles with past Judicial Interpretations in Defining the Modern Law of Immigration
||37 South Texas Law Review 1357 (October, 1996)
||I. Introduction. 1357 II. Historical Development of the Law of Immigration. 1361 III. International Efforts to Assist Post-World War II Refugees and Final Adoption of United States Domestic Legislation Defining the Modern Law of Immigration. 1364 A. International Laws Affecting Development of United States Immigration Laws. 1364 B. United States...
||Whose Alien Nation?: Two Models of Constitutional Immigration Law
||94 Michigan Law Review 1927 (May, 1996)
||Who is an American, and how do we choose new Americans? Immigration law and policy try to answer these questions, and so it is no wonder the immigration debate attracts so much public attention. After all, it represents our public attempt to define ourselves as a community, and to decide what we ask of those who want to join our ranks. The stream...
|Joan Fitzpatrick , William Mckay Bennett
||A Lion in the Path? The Influence of International Law on the Immigration Policy of the United States
||70 Washington Law Review 589 (July, 1995)
||In February 1879, the Senate of the United States debated H.R. 2423, [a]n act to restrict the immigration of Chinese to the United States. Resentful and fearful whites in Western states, especially California, demanded reduction in the number of Chinese arrivals. The Senate debate did not focus solely on the desirability of Chinese immigration....
|James F. Smith
||A Nation That Welcomes Immigrants? An Historical Examination of United States Immigration Policy
||1 U.C. Davis Journal of International Law and Policy 227 (Spring 1995)
||INTRODUCTION. 228 I. THE HISTORY OF UNITED STATES IMMIGRATION AND NATURALIZATION LEGISLATION. 228 A. Selective Admissions. 229 B. National Origin Quotas (1921-1965). 232 C. The Elimination of the Quota System and Illegalization of the Mexican Worker (1952, 1965-1976). 233 D. The Immigration Act of 1965. 233 E. Immigration Legislation (1970-76). 235...
|Gerald L. Neuman
||Aliens as Outlaws: Government Services, Proposition 187, and the Structure of Equal Protection Doctrine
||42 UCLA Law Review 1425 (August 1, 1995)
||Introduction 1425 I. Alienage Discrimination and Permanent Residents 1426 A. The Claim of Freedom to Discriminate 1427 B. The Objection to Complexity 1430 1. The Objection Is Factually Mistaken 1431 2. The Objection Is Theoretically Misguided 1434 3. The Need for Judicial Protection Against State Alienage Discrimination 1436 II. Aliens as Outlaws...
|Katherine L. O'Connor
||An Overview of Illegal Immigration along the United States-mexican Border
||4 Journal of International Law and Practice 585 (Fall 1995)
||What does the United States of America mean to most immigrants? Historically, the United States symbolized a spirit of liberty, which was reflected in the free and democratic tradition of its society. Inside its borders, they saw a land of opportunity where the hopes and aspirations of any individual could be fully realized. For the world's poor...
|Ruben J. Garcia
||Critical Race Theory and Proposition 187: the Racial Politics of Immigration Law
||17 Chicano-Latino Law Review 118 (Fall 1995)
||In mid-1993, a group of concerned California residents were fed up. They were tired of the illegal aliens whom they blamed for sapping the state's resources. These aliens were everywhere: crowding their children out of public schools, crowding welfare offices, and crowding the emergency rooms of hospitals. To attack these problems, these angry...
|By Margaret H. Taylor
||Detained Aliens Challenging Conditions of Confinement and the Porous Border of the Plenary Power Doctrine
||22 Hastings Constitutional Law Quarterly 1087 (Summer 1995)
||C1-3Table of Contents I. Overview of Immigration Detention. 1095 A. Statutory Framework. 1095 B. The Expanded INS Detention Mission. 1099 C. Mission Impossible: Actual Detention Operations. 1106 II. Conditions of Confinement at Immigration Detention Facilities. 1111 A. Overview of Conditions at INS Detention Facilities. 1113 B. Detention Conditions...
||Detention of Alien Juveniles: Reno V. Flores
||12 New York Law School Journal of Human Rights 393 (Spring, 1995)
||The Supreme Court, in Reno v. Flores, upheld a regulation promulgated by the Immigration and Naturalization Service (INS) requiring that alien juveniles who are suspected of being deportable be placed with government selected or operated institutions, where no parent, close relative, or legal guardian is available to assume custody. Despite the...
||Guess Who's Coming to Dinner: Federal Disaster Relief for Undocumented Aliens
||48 Washington University Journal of Urban and Contemporary Law 217 (Summer, 1995)
||In 1791, Alexander Hamilton cautioned Congress that for the United States to become a true power in manufacturing, it would have to encourage immigration to prevent a scarcity in the labor pool. Through advertisement and active recruitment of workers, government officials encouraged immigration into the United States in the nineteenth and the early...